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Terms of Service

Acceptance and Modification of the Terms of Service.

  • This website (the “Website”) and the services of HRfrenzy.com (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained herein (the "Terms of Service"). By accessing and/or using Website you agree to all such terms, conditions, and notices in effect at such time. These Terms of Service apply to any Services or properties such as websites or apps owned and operated by Aurora Business Holdings, LLC, a Florida limited liability company d/b/a HRfrenzy.com, and any of its affiliates as stated herein, throughout the Website and any other forms of communication (collectively, “HRfrenzy.com”).
  • HRfrenzy.com may, in its sole discretion, amend these Terms of Service at any time by posting a revised version on the Website. Any revisions to the Terms of Service will take effect on the noted effective date or when posted if there is no noted effective date.
  • HRfrenzy.com offers the Website and Services for your business purposes only, and not for personal, household, or consumer use. To use the Website and Services, you must have, and hereby represent that you have, an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation or other entity) and further represent that you intend to use the Website and Services for your business purposes only. You understand that you must comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements.
  • In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Website or by contacting Customer Support. In addition, so that we may communicate with you via the U.S. Postal Service and other third-party mail services, you agree to notify us immediately of any change in your address.
  • YOU UNDERSTAND THAT BY USING THE WEBSITE OR SERVICES AFTER THE EFFECTIVE DATE HEREOF, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE MANDATORY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE SERVICES. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY.

Definitions

  • Account Holder(s): A holder of an Account (defined below).
  • Chargeback: A reversal, chargeback or other invalidation of a previously paid Client invoice, whether or not initiated by the Client.
  • Client: Recipient of services provided by a Freelancer.
  • Client Materials: Certain documents and other materials provided by a Client to a Freelancer for purposes of enabling the Freelancer to perform the Freelancer Services for the Client.
  • Customer Feedback: Feedback provided by an Account Holder with regard to a given Freelancer or Client.
  • Fees: The fees collected by HRFrenzy.com upon the payment of invoices as provided in Section 4b.
  • Freelancer: Professional hired to provide services to a Client.
  • Freelancer Fees: The amount charged by a Freelancer for Freelancer Services.
  • Freelancer Services: Services provided or to be provided by a Freelancer.
  • Intellectual Property Rights: All patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  • Payment Method: The means by which a Client pays for Freelancer Services.
  • Project: A task or set of tasks to be performed as agreed upon by a Client and Freelancer.
  • Project Contract: The agreement between a Client and Freelancer with respect to a given Project.
  • Work Product: Any tangible or intangible results or deliverables that Freelancer agrees to create for, or actually delivers to, Client as a result of performing the Freelancer Services, including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.

Account

  • To use the Website and Services, you must register for an account (an “Account”) on the Website. To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts.
  • When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You hereby represent to HRfrenzy.com that any person using the Website with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password or the password of any user of your Account. You further agree not to use any username, or password of another user of the Website that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account at any time.
  • By registering for an Account, you agree to: (a) be financially responsible for your use of the Website and the purchase or delivery of Freelancer Services, as applicable; and (b) perform your obligations as specified by any Project Contract that you enter into, unless such obligations are prohibited by applicable law or these Terms of Service. HRfrenzy.com reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Website and Services upon discovery that any information you provided on any form or posted on the Website is not true, accurate, or complete, or such information or other conduct otherwise violates these Terms of Service, or for any other reason or no reason in HRfrenzy.com’s sole discretion. You represent that you are not: a citizen or resident of a geographic area in which access to or use of the Website or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Website and Services.
  • By registering for an Account, you must complete a user profile (“Profile”), which you consent to be shown to other Account Holders and, unless you change your privacy settings, the public. If you are a Freelancer, you represent and warrant that you use your Profile to market your business to others for the purpose of entering into independent contractor relationships with other Account Holders. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Website or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or the services your business provides that is or becomes false or misleading. You agree not to register for more than one Account as a Client and as a Freelancer without express written permission from HRfrenzy.com. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
  • You acknowledge and agree that feedback benefits the marketplace, all Account Holders, and the efficiency of the Website and you specifically request that HRfrenzy.com post composite or compiled feedback about Account Holders, including yourself, on Account Holders’ Profiles and elsewhere on the Website. You acknowledge and agree that feedback results for you, including your Customer Feedback, if any, will consist of comments, ratings, indicators of Account Holders’ satisfaction, and other feedback left by other Account Holders. You further acknowledge and agree that HRfrenzy.com will make feedback results available to other Account Holders, including composite or compiled feedback. HRfrenzy.com provides this feedback system as a means through which Account Holders can share their opinions publicly and HRfrenzy.com does not monitor or censor these opinions. You acknowledge and agree that posted composite or compiled feedback relates only to the business advertised in the Freelancer Profile and not to any individual person. HRfrenzy.com does not investigate any remarks posted by Account Holders for accuracy or reliability, but may do so if requested by an Account Holder. You may be held legally responsible for damages suffered by other Account Holders or third parties because of your remarks if such remarks are legally actionable or defamatory. HRfrenzy.com is not legally responsible for any feedback or comments posted or made available on the Website by any Account Holders or third parties, even if that information is defamatory or otherwise legally actionable. To protect the integrity of the feedback system and protect Account Holders from abuse, HRfrenzy.com reserves the right (but is under no obligation) to remove posted feedback or information that, in HRfrenzy.com’s sole judgment, violates these Terms of Service or negatively affects our marketplace. You acknowledge and agree that you will notify HRfrenzy.com of any error or inaccurate statement in your feedback results, and that if you do not do so, HRfrenzy.com may rely on the accuracy of such information.

Payments

  • HRfrenzy.com does not introduce Clients to Freelancers and does not help Freelancers secure Projects. HRfrenzy.com merely makes the Services available to enable Freelancers to do so themselves. Therefore, HRfrenzy.com does not charge a fee when a Freelancer finds a suitable Client or finds a Project. However, a Client and a Freelancer are obligated to use the Website to pay and receive payment for their work together if they identified each other through the Website, as detailed in Non-Circumvention section below. In addition, HRfrenzy.com does not charge any fee or dues for posting public feedback and composite or compiled feedback.
  • The fees to use the Website and Services are paid by the Freelancer and the Client as a percentage of approved invoices. Client pays HRfrenzy.com a site management fee equal to 5% of invoices paid to Freelancer, charged to Client and collected upon execution of payments to Freelancers. Freelancer pays HRfrenzy.com a site management fee equal to 10% of invoices, and a processing fee equal to 2.75% of invoices, all of which are charged to Freelancer and collected upon execution of payments by Client. In any event, the fee charged to Client and Freelancer will each always be a minimum of $10 per invoice.
  • Freelancer must submit invoices through the Services to Client for approval for work completed the prior month no later than the 5th day of the following month. Client must approve or reject timely submitted Freelancer invoices no later than the 10th day of said month. In the event that Client fails to reject an invoice by the date stated in the preceding sentence, Client shall be deemed to have approved such invoice and Client’s Payment Method may be charged the full invoice amount.
  • It is the responsibility of Client and Freelancer to discuss and attempt a resolution for rejected invoices. If a resolution cannot be reached, either Client or Freelancer may request HRfrenzy.com to implement its internal dispute resolution process. YOU ON BEHALF OF YOURSELF, HEIRS, ASSIGNS AND AFFILIATES HEREBY RELEASE HRFRENZY.COM (AND OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, YOUR DEALINGS WITH FREELANCERS AND USE OF THE SERVICES AND THE WEBSITE.
  • Approved invoices received by HRfrenzy.com on or before the 10th day of a given calendar month will be processed for payment prior to the last day of said calendar month. Invoices approved after the 10th day of a given calendar month will be processed for payment prior to the last day of the calendar month immediately following the calendar month during which the invoice was approved. HRFrenzy.com will remit Client payments to Freelancer in the amounts actually received (less the fees described in Section 4b above) for payments submitted by the Client through the Services. The payouts will be made to the bank account (“Bank Account”) Freelancer provides to HRFrenzy.com prior to the initiation of its first Project. The Bank Account must be an account with a bank or credit union that is a state or federally-chartered institution in the United States and held in the name of the Freelancer or the name of Freelancer’s business. Freelancer is responsible for the accuracy and correctness of information regarding its Bank Account and agrees to provide HRFrenzy.com with any additional information or documentation regarding the Bank Account that HRFrenzy.com may require. Under no circumstances will funds for any given transaction be transferred to Freelancer’s Bank Account prior to HRFrenzy.com receiving full payment on such corresponding Freelancer invoice from Client and from HRFrenzy.com’s payment processor.
  • Notwithstanding the foregoing, Freelancer acknowledges that all credits for funds provided to Freelancer are provisional and subject to reversal including without limitation if there are adjustments for inaccuracies and errors (including rejects) and Chargebacks, whether or not a transaction is charged back by Client’s financial institution. Accordingly, Freelancer authorizes HRFrenzy.com to initiate reversal or adjustment (debit or credit) entries to the Bank Account and to initiate or suspend such entries in accordance with these Terms of Service as may be necessary to grant or reverse provisional credit for any transaction.
  • When a Chargeback is issued, Freelancer is immediately liable to HRFrenzy.com for the full amount of payment of the Chargeback plus any associated fees, fines, expenses or penalties (including those assessed by HRFrenzy.com’s payment processors). Freelancer agrees that HRFrenzy.com may recover these amounts by means of ACH debit of Freelancer’s Bank Account, or off-setting any other amounts owed to Freelancer by HRFrenzy.com. If HRFrenzy.com is unable to recover funds related to a Chargeback, Freelancer will pay HRFrenzy.com the full amount of the Chargeback immediately upon demand. Freelancer agrees to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of HRFrenzy.com in connection with the collection of any Chargebacks unpaid by Freelancer.
  • Further, if HRFrenzy.com reasonably believes that a Chargeback is likely with respect to any transaction, HRFrenzy.com may withhold the amount of the potential Chargeback from payments otherwise due to Freelancer under these Terms of Service until such time that: (a) a Chargeback is assessed due to a Client’s complaint, in which case HRFrenzy.com will retain the funds; (b) the period of time under applicable law or regulation by which the Client may dispute that the transaction has expired; or (c) HRFrenzy.com determines that a Chargeback on the transaction will not occur.
  • Notwithstanding any other provision of these Terms of Service, and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the conditions and restrictions of the Website or these Terms of Service, HRfrenzy.com may withhold the disbursement of amounts due to Freelancer hereunder. Additionally, HRfrenzy.com may also withhold the amount otherwise due to Freelancer under these Terms of Service if: (a) we require additional information, such as Freelancer’s tax information, government-issued identification, address, or date of birth; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a Project Contract or these Terms of Service; (e) we deem it necessary in connection with any investigation; or (f) required by applicable law. In cases of fraud, abuse, or violation of these Terms of Service, HRfrenzy.com reserves the right to revoke any payments and HRfrenzy.com will have the right to hold and reclaim all fees due to Freelancer (not just the Freelancer Fees from the Project Contract(s) under investigation) unless prohibited by applicable law. We reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Project or if we discover erroneous or duplicate transactions. You agree that we have the right to obtain such reimbursement, HRfrenzy.com will have the right to charge an applicable Account, and any other accounts you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your Payment Method, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of Chargebacks is cause for termination and revocation of your access to the Website.
  • Freelancer agrees to provide HRFrenzy.com with the necessary information, in a timely manner and at Freelancer’s expense, to investigate or help resolve any Chargeback. Freelancer also grants HRFrenzy.com permission to share records or other information required with the Client’s financial institution and Freelancer’s financial institution to help resolve any disputes. Freelancer acknowledges that its failure to provide HRFrenzy.com with complete and accurate information in a timely manner may result in an irreversible Chargeback being assessed.
  • At any point, HRFrenzy.com or its payment processor(s) may determine that Freelancer is incurring excessive Chargebacks. Excessive Chargebacks may result in additional fees, penalties, or fines. Excessive Chargebacks may also result in additional controls and restrictions to Freelancer’s use of the Services, including without limitation, (i) delays in payment to Freelancer, and/or (ii) possible suspension or termination of Freelancer’s Account and the Services.
  • Client hereby authorizes HRfrenzy.com to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment for Services, and to charge Client’s credit card (or any other Payment Method). When Client authorizes the payment of the Freelancer Fees, Client automatically and irrevocably authorizes and instructs HRfrenzy.com to charge Client’s Payment Method for the Freelancer Fees. By providing Payment Method information through the Website, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Website, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under these Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
  • If Client fails to pay the Freelancer Fees or any other amounts due under the Terms of Service, whether by canceling Client’s credit or debit card, initiating an improper Chargeback, or any other means, HRfrenzy.com may suspend or close Client’s Account and revoke Client’s access to the Website, including Client’s authority to use the Website to process any additional payments, enter into Project Contracts, or obtain any additional Freelancer Services. Without limiting other available remedies, Client must pay HRfrenzy.com upon demand for amounts owed under the Terms of Service, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, HRfrenzy.com, at its discretion, may set off amounts due against other amounts received from or held by HRfrenzy.com for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
  • Client acknowledges and agrees that HRfrenzy.com will charge Client’s designated Payment Method for the Freelancer Fees. Therefore, and in consideration of the Services provided by HRfrenzy.com, Client agrees that once HRfrenzy.com charges the Client’s designated Payment Method for the Freelancer Fees as provided in these Terms of Service, the charge is non-refundable, except as otherwise required by applicable law. Client also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for Client resolve disputes. To the extent permitted by applicable law, Client therefore agrees that it will first utilize the dispute resolution process set forth hereunder prior to asking its credit card company, bank, or other Payment Method provider to reverse the payment of any Freelancer Fees or other Fees charged pursuant to the Terms of Service for any reason. A Chargeback in breach of the foregoing obligation is a material breach of the Terms of Service. If Client initiates a Chargeback in violation of these Terms of Service, Client agrees that HRfrenzy.com may dispute or appeal the Chargeback and institute collection action against Client.
  • HRfrenzy.com will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Freelancer Fees. Freelancer will be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Freelancer Fees and for issuing any invoices so required. Freelancer will also be solely responsible for determining whether: (a) Freelancer or HRfrenzy.com is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Fees and remitting any such taxes or charges to the appropriate authorities on behalf of itself or HRfrenzy.com, as appropriate; and (b) HRfrenzy.com is required by applicable law to withhold any amount of the Freelancer Fees and for notifying HRfrenzy.com of any such requirement and indemnifying HRfrenzy.com (either by HRfrenzy.com, at our sole discretion, offsetting the relevant amount against a future payment of Freelancer Fees to Freelancer or Freelancer reimbursing HRfrenzy.com for the applicable amount) for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of HRfrenzy.com, Freelancer agrees to promptly cooperate with HRfrenzy.com and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to HRfrenzy.com.
  • You acknowledge and agree that HRfrenzy.com is not a party to any Project Contracts and that the formation of a Project Contract between a Freelancer and Client will not, under any circumstance, create an employment or other service relationship between HRfrenzy.com and any Freelancer.

Non-circumvention

  • You acknowledge and agree that a substantial portion of the compensation HRfrenzy.com receives for making the Website available to you is collected through the Fees described in Section 4b. HRfrenzy.com only receives these Fees when a Client and a Freelancer pay and receive payment through the Website. Consequently, you must use the Website as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party. You may opt-out of this obligation with respect to each Client-Freelancer relationship only if Client or prospective Client or Freelancer pays HRfrenzy.com for each such relationship an “Opt-Out Fee” computed to be the greater of the following amounts:
    • $2,500; or
    • 15% of the cost to the Client of the services to be performed in the 24 months following the date the party intends to opt-out, as estimated in good faith by the prospective Client.
  • To pay the Opt-Out Fee, you must request instructions by sending an email message to accounting@HRfrenzy.com.
  • Except if you pay the Opt-Out Fee, you agree not to circumvent the Website, Services and/or means of payment offered by the Website. By way of illustration and not in limitation of the foregoing, you must not:
    • Submit proposals or solicit parties identified through the Website to contact, hire, work with, or pay outside the Website.
    • Accept proposals or solicit parties identified through the Website to contact, deliver services, invoice, or receive payment outside the Website.
    • Invoice or report on the Website or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between a Freelancer and Client.
  • You agree to notify HRfrenzy.com immediately if another person improperly contacts you or suggests making or receiving payments outside of the Website. If you are aware of a breach or potential breach of this non-circumvention provision, please submit a confidential report to HRfrenzy.com by sending an email message to: accounting@HRfrenzy.com.
  • If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Website, such as minimum rates supported on the Website, and therefore choose to cease using the Website, you may pay the Opt-Out Fee for each other Account Holder you wish to continue working with on whatever terms you agree after you cease using the Website.

Services & Termination of Contract

  • Freelancer will perform the Freelancer Services in a professional and workmanlike manner and will timely deliver any agreed upon Work Product. The manner and means of performing the Freelancer Services will be determined and controlled solely by Freelancer, which is engaged by Client as an independent contractor.
  • If a Freelancer subcontracts with or employs third parties (Subcontractor) to perform any or all of the Freelancer Services on behalf of the Freelancer for any Project, the Freelancer represents and warrants that it does so as a legally recognized entity or person and in compliance with all applicable laws and regulations. As used in these Terms of Service, the term “Subcontractor” refers to any employee, independent contractor, or agent of a Freelancer that the Freelancer engages to perform any work on its behalf under a Project Contract. Regardless of whether a Freelancer has Subcontractors, the Freelancer remains responsible for all services performed under the Freelancer’s Project Contracts, including ensuring that the services comply with these Terms of Service (including confidentiality and intellectual property obligations).
  • Freelancer, Subcontractor, and Client acknowledge and agree that Subcontractors are not employees, independent contractors or agents of HRfrenzy.com or Client. Subcontractor, and Freelancer represent, warrant, and covenant that: (a) Freelancer is solely responsible for all payments, obligations, wages, costs, unemployment insurance, workers’ compensation insurance, contributions, and expenses of Subcontractor; (b) neither HRfrenzy.com nor Client has the right or power to supervise or control Subcontractor; and (c) no Subcontractor of any Freelancer will have any claim under these Terms of Service for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, contributions, or any other employee benefits of any kind from HRfrenzy.com or Client.
  • Subcontractors acknowledge that HRfrenzy.com merely provides the platform for Freelancer to communicate and share information with Clients and, if they are Account Holders, with Subcontractor. Subcontractor and Freelancer understand and agree that the contract terms, pay rate, work hours, service dates and working conditions will be established by the Freelancer and/or Client and not by HRfrenzy.com. Subcontractor and Freelancer acknowledge and agree that Subcontractor are not employees or independent contractors of HRfrenzy.com, and further acknowledge and agree that they will not be providing any services to HRfrenzy.com (directly or indirectly) while employed or engaged by Freelancer.
  • Subcontractor and Freelancer acknowledge and agree that HRfrenzy.com does not, in any way, supervise, direct, or control Subcontractor; HRfrenzy.com does not set Subcontractor’s contract terms (including determining whether the contract will be set at an hourly or fixed fee), fees, rates, work hours, work schedules, or location of work; HRfrenzy.com will not provide Subcontractor with training or any equipment, labor, or materials needed for a particular Project Contract; and HRfrenzy.com does not provide the premises at which the Subcontractor will perform the work.
  • Client is responsible and assumes all liability for determining whether Freelancers are independent contractors or employees and engaging them accordingly; HRfrenzy.com disclaims any liability for such determination or the related Project. These Terms of Service do not create a partnership or agency relationship between a Client and Freelancer or between HRfrenzy.com and any other person or entity. Freelancer does not have authority to enter into written or oral (whether implied or expressed) contracts on behalf of HRfrenzy.com. For Project Contracts classified as independent contractor relationships, Client may not require an exclusive relationship. A Freelancer classified as an independent contractor is free at all times to provide Freelancer Services to persons or businesses other than Client, including any competitor of Client, notwithstanding the express terms of any Project Contract agreement.
  • Either Client or Freelancer has the right to terminate the Project Contract after providing any required notice, or immediately on the end date specified in the Project Contract terms and/or upon completion of the Freelancer Services, in the event of a material breach, or with the consent of the other party. Except as required by law, Client remains obligated to pay the Freelancer Fees for any Freelancer Services provided prior to termination of the Project Contract.

Website License and Intellectual Property

  • Client grants Freelancer a limited, non-exclusive, revocable (at any time, at Client’s sole discretion) right to use the Client Materials as necessary solely for the performance of the Freelancer Services under the applicable Project Contract. Client reserves all other rights and interest, including, without limitation, all Intellectual Property Rights, in and to the Client Materials. Unless otherwise instructed by Client, upon completion or termination of the Project Contract, or upon Client’s written request, Freelancer will immediately return all Client Materials to Client and further agrees to destroy all copies of Client Materials contained in or on Freelancer’s premises, systems, or any other equipment or location otherwise under Freelancer’s control. Within ten (10) days of such request from Client, Freelancer agrees to provide written certification to Client that Freelancer has returned or destroyed all Client Materials and Work Product as provided in this subsection.
  • Upon Freelancer’s receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Freelancer has any Intellectual Property Rights to the Work Product that are not owned by Client upon Freelancer’s receipt of payment from Client, Freelancer hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Freelancer retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.
  • HRfrenzy.com and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Website and the Services. The HRfrenzy.com logos and names are trademarks of HRfrenzy.com and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Website or Services may be the trademarks of their respective owners. Except as expressly otherwise herein, nothing in these Terms of Service confers any license under any of HRfrenzy.com’s or any third party’s Intellectual Property Rights, whether by estoppel, implication, or otherwise. Subject to and conditioned on compliance with these Terms of Service, HRfrenzy.com grants you a limited license to access and, if you have created an Account, to use the Website for the purpose of using the Services. You must not access (or attempt to access) the Website or Services by any means other than the interface provided, and you will not use information from the Website or Services for any purposes other than the purposes for which it was made available. You agree not to use the Website or Services for offering any goods or services other than Freelancer Services as permitted by these Terms of Service. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Website or Services in any way for any public or commercial purpose without HRfrenzy.com’s prior written consent. You must not use any content of the Website or Services on any other website or in a networked computer environment for any purpose except your own viewing without HRfrenzy.com’s prior written consent. You must not frame or link to the Website or Services except as permitted in writing by HRfrenzy.com. You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Website or Services unless expressly permitted by applicable law. You will not access Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Services.
  • You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission. You will not access the audiovisual content available on the Website for any purpose or in any manner other than streaming. You agree that you will not: (a) take any action that imposes or we believe may impose (in our sole discretion) an unreasonable or disproportionately large load on the Website’s infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Website) from the Website, any software code that is part of the Website, or any services that are offered on the Website without the prior express written permission of HRfrenzy.com and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Website or any activities conducted on the Website; (d) bypass any measures we may use to prevent or restrict access to the Website or any subparts of the Website, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (g) collect or harvest any personally identifiable information, including Account names, from the Website; (h) access any content on the Website through any technology or means other than those provided or authorized by the Website; or (i) directly or indirectly, advertise or promote another website, product, or service or solicit other Account Holders for other websites, products, or services. Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Website or the Website software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Website or any other software, firmware, hardware, computer system, or network of HRfrenzy.com or any third party.

Dispute Resolution

  • In the event of a claim, dispute or controversy between Client and Freelancer (each a “Project Claim”), you agree to first notify HRfrenzy.com of the Project Claim at Attn: Legal, 250 International Pkwy, Suite 114, Heathrow FL 32746, and HRfrenzy.com agrees to provide to you a notice at your email address on file (in each case, a “Project Claim Notice”) and seek informal resolution of the Project Claim. Any Project Claim Notice from you must include your name, pertinent account information, a brief description of the Project Claim, and your contact information, so that we may evaluate the Project Claim and attempt to informally resolve the Project Claim. Any notice of a Project Claim to an Account Holder from HRfrenzy.com will include pertinent account information, a brief description of the Project Claim, and HRfrenzy.com’s contact information, so that you may evaluate the Project Claim and attempt to informally resolve the Project Claim. Both Account Holders will have sixty (60) days from the date of the receipt of the Project Claim Notice to informally resolve the other party’s Project Claim, which, if successful, will avoid the need for further action. If the resolution to the dispute does not satisfy you, any unresolved issues between the parties will be submitted to binding arbitration though the American Arbitration Association (the “AAA”) in Orlando, Florida.
  • In the event of any claim, dispute, or controversy that arises out of or relates to these Terms of Service, your relationship with HRFrenzy.com, the termination of your relationship with HRFrenzy.com, or the Services (each, a “Services Claim”), you agree to first notify us of the Services Claim at Attn: Legal, 250 International Pkwy, Suite 114, Heathrow FL 32746, and HRfrenzy.com agrees to provide to you a notice at your email address on file (in each case, a “Services Claim Notice”) and seek informal resolution of the Services Claim. Any Services Claim Notice from you must include your name, pertinent account information, a brief description of the Services Claim, and your contact information, so that we may evaluate the Services Claim and attempt to informally resolve the Services Claim. Any Services Claim Notice from HRfrenzy.com must include pertinent account information, a brief description of the Services Claim, and HRfrenzy.com’s contact information, so that you may evaluate the Services Claim and attempt to informally resolve the Services Claim. Both you and HRfrenzy.com will have sixty (60) days from the date of the receipt of the Services Claim Notice to informally resolve the other party’s Services Claim, which, if successful, will avoid the need for further action. If the resolution to the Services Claim does not satisfy you, any unresolved issues between the parties will be submitted to binding arbitration though the AAA in Orlando, Florida.
  • The arbitration provision herein affects your ability to participate in class, collective or representative actions. You agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding (“Class Action Waiver”). The Class Action Waiver does not prevent you from bringing a Project Claim or Services Claim in arbitration as a private attorney general solely on your own behalf and not on behalf of others. Notwithstanding any other portion of this Arbitration Provision or the AAA Rules, the arbitrator will have authority to hear any Project Claim or Services Claim on a class, collective, or representative basis if, only if, and only to the extent that, the arbitrator determines that the waiver of such class, collective, or representative Project Claim or Services Claim is unenforceable. You and HRfrenzy.com agree that you will not be retaliated against, disciplined or threatened with discipline as a result of exercising any rights under Section 7 of the National Labor Relations Act by filing or participating in a class, collective or representative action in any forum. However, HRfrenzy.com may lawfully seek enforcement of this arbitration provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class, collective or representative actions or claims.

Other

  • YOU AGREE NOT TO RELY ON THE WEBSITE, THE SERVICES, ANY INFORMATION ON THE WEBSITE OR THE CONTINUATION OF THE WEBSITE. THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HRFRENZY.COM MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE, THE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THESE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HRFRENZY.COM DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE TERMS OF SERVICE STATE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST HRFRENZY.COM WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
  • To the extent a Client or Freelancer provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Freelancer Services (including, without limitation, the storage or transmission of Confidential Information on or through the Website for use by Freelancer); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Freelancer Services. A disclosure of information will be immune from prosecution or civil action under the Defend Trade Secrets Act, 18 U.S.C. section 1832, if it: (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
  • HRfrenzy.com is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with these Terms of Service, including, but not limited to: your use of or your inability to use our Website or Services; delays, disruptions, service outages or website downtime in our Website or Services; viruses or other malicious software obtained by accessing, or linking to, our Website or Services; glitches, bugs, errors, or inaccuracies of any kind in our Website or Services; damage to your hardware device from the use of the Website or Services; the content, actions, or inactions of third parties’ use of the Website or Services; a suspension or other action taken with respect to your account; your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Website; and your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to these Terms of Service.
  • We may display your company or business name, logo, images or other media, and public description of your Projects and profile as part of marketing materials relating to the HRfrenzy.com service, except where you have explicitly requested in writing that we do not do this, and we have agreed to such request in writing.
  • In addition to the recognition that HRfrenzy.com is not a party to any contract between Account Holders, you hereby release, indemnify and hold harmless HRfrenzy.com, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another Account Holder, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Freelancer Services provided to Client by a Freelancer and requests for refunds.
    TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  • You will indemnify, defend, and hold harmless HRfrenzy.com and its affiliates, and our respective directors, officers, members, managers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other Account Holder against an Indemnified Party relating to: (a) use of the Website and the Services by you or your agents, including any payment obligations incurred through use of the Services; (b) any Project Contract entered into by you or your agents, including, but not limited to, the classification of a Freelancer as an independent contractor; the classification of HRfrenzy.com as an employer or joint employer of Freelancer; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
  • The terms and provisions of these Terms of Service that expressly or by their nature contemplate performance after any Services, Project Contract and/or these Terms of Service terminate or expire will survive the termination thereof and hereof and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance hereafter.
  • An Account Holder may not assign any of its rights or obligations hereunder without HRfrenzy.com’s prior written consent in the form of a written instrument signed by a duly authorized representative of HRfrenzy.com (and, for the purposes of this subsection, a written instrument will expressly exclude electronic communications such as email and electronic notices, but will include facsimiles). HRfrenzy.com may freely assign the Website Services and/or these Terms of Service without the Account Holder’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, these Terms of Service will inure to the benefit of the successors and permitted assigns of the parties.
  • If and to the extent any provision of these Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
  • These Terms of Service and any Claim will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  • These Terms of Service set forth the entire agreement and understanding between you and HRfrenzy.com relating to the subject matter hereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in these Terms of Service are included for ease of reference only and have no binding effect. Even though HRfrenzy.com drafted these Terms of Service, you represent that you had ample time to review and decide whether to agree to these Terms of Service and that you chose to use the Website and Services and/or create an Account in your sole discretion, knowing that these Terms of Service would apply. If an ambiguity or question of intent or interpretation of these Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or HRfrenzy.com because of the authorship of any provision of these Terms of Service.